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집행유예
(영문) 서울북부지방법원 2016.5.18.선고 2016고단697 판결

특수상해

Cases

2016 Highest 697 Special Injury

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions) andOO (Public trial)

Imposition of Judgment

May 18, 2016

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 160 hours.

Reasons

Criminal History Office

On November 23, 2015: around 53, 2015: Around 53, the Defendant: (a) was driving an OOOOO-ho city bus at the same time in Seoul Special Metropolitan City, Nowon-gu, 1393 (Offset dong) to the front of the OOOOO-ho city bus at the two-lanes to the relay air route; (b) the Defendant was driving the vehicle in front of the OOOOO-ho city bus at the two-lanes to the end of the bus; and (c) the Defendant was driving the vehicle in front of the OOOO-ho city at the end of the two-lanes on the ground that the 2-3 stop, and proceeded again; and (d) the Defendant was unable to drive the bus of the victim while threateninging the vehicle in front of the 3-dimensional operation, thereby getting off the victim from the bus under paragraph (1).

Accordingly, the Defendant took a bath to the victim, who was on the front slope, and 112 reported the victim to be reported to 112, and driven a vehicle with a volume of approximately 10 meters for the victim who was on the front window to get out of the site of the case.

As a result, the Defendant carried a dangerous object, and inflicted an injury on the victim, such as salt pans, tensions, etc., requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the injury diagnosis report, ctV major contents to the photographic statute;

1. Article applicable to criminal facts;

Articles 258-2 and 257(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

The reason for sentencing is that it could lead to a serious accident, such as blocking buses on which many passengers are aboard, and that it was not agreed with the victim is disadvantageous. On the other hand, the degree of injury caused by the instant crime is not severe, and that there is no record of the crime above the fine, except for those sentenced to imprisonment on 192. The above circumstances are favorable. The punishment is determined as ordered in consideration of the above conditions of sentencing, such as the Defendant’s age, character and behavior, and environment.

Judges

Judges Kim Jong-ok